Life Therapeutics Limited v Bell IXL Investments Limited (No 2)

(2008) 170 FCR 595; [2008] FCAFC 158

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs certificate
4. › Federal appeal succeeding on question of law
5. › Discretion to grant certificate
6. › Whether matters arose in conduct of appeal to exercise discretion against grant
7. › Federal Proceedings (Costs) Act 1981 (Cth), s 6
1. Practice and Procedure
2. › Costs
3. › Non-party costs orders
4. › Costs in favour of non-party against a party
5. › Whether court has jurisdiction under s 43 to award costs in favour of non-party
6. › Non-party brought before court by party's foreshadowed application
7. › Federal Court of Australia Act 1976 (Cth), ss 3, 43
1. Practice and Procedure
2. › Costs
3. › Non-party costs orders
4. › Premature foreshadowing of costs application against non-parties
5. › Whether reasonable for non-parties to retain counsel to attend judgment
6. › Whether costs of non-party appearance should abide outcome of retrial

Quick Take

If a costs application against a non-party proves unnecessary, the non-party may recover costs of their appearance; the Court has jurisdiction under s 43 to award costs in favour of non-parties brought before the Court by a party.